Interpretation ID: 2813yy
Plant Manager
BX-l00 International
2550 Appian Way
Suite 2ll
Pinole, CA 94564
Dear Mr. Trueman:
This responds to your letter asking about requirements for items to be placed in a truck's air brake system. You are particularly interested in requirements that would apply to two new products you are developing. According to your letter, the products will "have the BX-l00 Brake Equalizer integrally combined with a Quick Release valve and another with a Relay valve."
By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with all applicable standards. The following represents our opinion based on the facts provided in your letter.
NHTSA does not have any specific regulations covering brake equalizers, quick release valves, or relay valves. However, since these devices are tied into a vehicle's air brake system, they could affect a vehicle's compliance with Federal Motor Vehicle Safety Standard No. l2l, Air Brake Systems. That standard applies to almost all new trucks, buses, and trailers equipped with air brake systems.
If one of your devices is installed as original equipment on a new vehicle, the vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable safety standards. If the device is added to a previously certified new motor vehicle prior to its first sale, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. If the device is installed on a used vehicle by a business such as a garage, the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard.
You should also be aware of the requirements of Federal Motor Vehicle Safety Standard No. l06, Brake Hoses, which specifies requirements for motor vehicle brake hose, brake hose assemblies, and brake hose end fittings. That standard applies to new motor vehicle equipment as well as to new motor vehicles. You should check to see if any parts of your brake devices are subject to the requirements of Standard No. l06.
I am enclosing a copy of an information sheet which identifies relevant Federal statutes and NHTSA standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers. I regret that we are unable to provide information concerning regulations other than those of NHTSA which may apply to your products. You may wish to contact the Federal Highway Administration's Office of Motor Carrier Standards concerning whether any of its regulations are relevant to your products. You may also wish to contact appropriate State authorities, and/or a local attorney, for advice about state and local regulations.
Sincerely,
Paul Jackson Rice Chief Counsel
Enclosure ref:l06#l2l d:ll/20/90